Date : 25.01.2016

DEBASIS BHATTACHARYA, PRESIDING MEMBER

            This appeal is directed against order dated 29.12.2014 in C.C. No. 393/2013 passed  by the Ld. District Consumer Disputes Redressal Forum, Howrah (in short, District Forum).  By the impugned order, the Ld.  District Forum has allowed the case in favour of the Complainants. Being aggrieved by and dissatisfied with the same, the OPs thereof have preferred this appeal.

            The case of the Complainants is that on the basis of the tour exhibition held at Netaji Indoor in the month August, 2013, the Complainants being attracted with the 10 days Wonders of Australia package contacted the OP No. 2 at their office and entered into an agreement on 03.9.2013 at a price of Rs.2, 11,500/- and paid an advance payment of Rs.50, 000/-. Thereafter, the Complainants on and from 06.9.2013 to 13.9.2013 went to the Office of the OP No. 2 to know whether they are able to conduct the said tour on the scheduled date, but did not get any information. On knowing that they are unable to conduct the said tour on the schedule date, the Complainants became confused and perplexed and wrote a letter on 14.9.2013 for redressal of their grievances and asked for refund of their advance deposits with interest and again on 16.9.2013. As such, the Complainant No. 2 being a senior citizen and Complainant No. 1 being aged lady be compensated by the OPs suitably. As such, the case.

            On the other hand, the case of the OPs is that the Complainants opted for the group tour 10 days Wonders of Australia for departure date of 05.10.2013 as per their choice, budget and convenience. The correct factual position is that the OPs contacted the Complainant several times for the payment of balance amount, but in vain. Simultaneously, they also offered several options of the same tour albeit within a difference of few days. But, the Complainants insisted to travel on 05.10.2013. OPs made genuine and all possible efforts to ensure that the Complainants could be made to travel on 05.10.2013. But, the Complainants opted to cancel the tour and unreasonably refused to even accept a small alteration in the date of travel. Accordingly, the complaint be dismissed.

            It is to be considered if the impugned order suffers from any irregularity or illegality so as to make a dent in the impugned order.

Decision with reasons:

            Ld. Advocate for the Appellant has submitted that Rs.50, 000/- being the advance money was refunded by a cheque, but the same has not been honuored by the Complainant, and that the booking is a non-refundable one.

            Respondent No. 2 on behalf of self and the Respondent No. 1 has submitted that no interest has been paid against the advance payment made by them, and so the cheque was returned.

            There is apparent mishandling of the tour by the Appellants. This may well be said to be a case of misselling of conducted tour package. As the Appellants failed to organize the conducted  tour on the stipulated date, the Complainants being senior citizens should be compensated adequately. The Ld. District Forum, in this regard, has allowed the case with some compensation which can not be altered. Accordingly, the impugned order is affirmed, and the appeal is dismissed.